Record Keeping and Documentation Flashcards

A Georgia notary is employed by a law firm that assigns them notarial duties during work hours. Who legally owns the notary's journal and official seal?

Answer: The notary personally, regardless of their employment relationship

The notary's journal and official seal are personal property belonging to the notary individually, not to their employer, even if notarial duties are part of their job responsibilities.

A Georgia notary discovers that their official seal has been lost or stolen. What should they do first?

Answer: Promptly report the loss and take steps to obtain a replacement seal

Reporting a lost or stolen seal promptly is essential to prevent its fraudulent use, and the notary should obtain a replacement seal as quickly as possible.

When a Georgia notary's commission expires and they do not renew, what should they do with their official seal?

Answer: Deface or destroy the seal to prevent any unauthorized future use

An expired seal should be destroyed so it cannot be misused by anyone to fraudulently notarize documents after the commission has ended.

What is the recommended method for disposing of old notary records that are no longer needed?

Answer: Shred or otherwise securely destroy the records

Old notary records should be shredded or securely destroyed because they contain signers' personal information that must be protected even in disposal.

Law enforcement presents a Georgia notary with a valid subpoena for their journal. What is the correct response?

Answer: Comply fully with the valid subpoena and produce the requested records

A valid subpoena is a legal court order that compels the notary to produce the journal; refusing to comply can result in contempt of court.

A Georgia notary resigns from their job and their employer demands that the notary leave the journal behind as company property. What should the notary do?

Answer: Refuse and take the journal, since it is the notary's personal property

Because the journal belongs to the notary personally, it does not transfer to the employer when the notary leaves the position.

What is the primary reason Georgia notaries are encouraged to maintain a journal even though state law does not require one?

Answer: To have documentation available if a notarization is ever disputed or fraudulently challenged

A journal provides the notary with contemporaneous evidence of what transpired during a notarization, protecting them if a past notarization is later questioned or challenged.